RECORD OF PROCEEDINGS AIR FORCE BOARD FOR CORRECTION OF MILITARY RECORDS IN THE MATTER OF: DOCKET NUMBER: BC-2014-01747 COUNSEL: NONE HEARING DESIRED: NO APPLICANT REQUESTS THAT: Her late spouse’s record be changed to show he elected spouse coverage under the Survivor Benefit Plan (SBP). APPLICANT CONTENDS THAT: She was informed that she should receive 55 percent of her late spouse’s monthly pay and later she was told she would not. The applicant’s complete submission, with attachments, is at Exhibit A. STATEMENT OF FACTS: The applicant and the decedent were married on 11 October 1952. The decedent elected to decline the Survivor Benefit Plan (SBP), and to make an SBP election prior to attaining age 60. He declined SBP coverage on 4 July 1992 and the applicant concurred in his election. The decedent died on 24 February 2014. A copy of the AFBCMR marital status affidavit was forwarded to the applicant on 30 April 2014, to verify if she has remarried (Exhibit B). The applicant responded with a signed and notarized affidavit, dated 5 May 2014, which indicates that she has not remarried (Exhibit C). AIR FORCE EVALUATION: AFPC/DPFFF recommends denial indicating there is no evidence of an error or an injustice. DPFFF states the service member began receiving retired pay effective 25 February 1993, after attaining age 60. A copy of the SBP election located in his finance record reflects the applicant signed a statement concurring in the service member’s election, as required by PL 99-145. The service member could have elected SBP coverage on the applicant’s behalf during two open enrollment periods authorized by PLs 105-261 and 108-375, but he failed to do so. The applicant’s signature in Section V of the ARPC Form 0- 508 (Survivor Benefit Plan Election) indicates the applicant’s acknowledgement of the service member’s decision to decline SBP coverage. SBP is similar to commercial life insurance in that an individual must elect to participate during the opportunities provided by law and pay the associated premiums in order to have coverage. It would be inequitable to other widows, who also concurred in their sponsor’s election to decline coverage, to grant this widow another opportunity to obtain SBP coverage after the death of the service member. A complete copy of the AFPC/DPFFF evaluation is at Exhibit D. APPLICANT'S REVIEW OF AIR FORCE EVALUATION: A copy of the Air Force evaluation was forwarded to the applicant on 4 August 2014 for review and comment within 30 days (Exhibit E). As of this date, no response has been received by this office. THE BOARD CONCLUDES THAT: 1. The applicant has exhausted all remedies provided by existing law or regulations. 2. The application was timely filed. 3. Insufficient relevant evidence has been presented to demonstrate the existence of an error or an injustice. We took notice of the applicant’s complete submission in judging the merits of the case; however, we agree with the opinion and recommendation of the Air Force office of primary responsibility and adopt its rationale as the basis for our conclusion that the applicant is not a victim of an error or injustice. Therefore, in the absence of evidence to the contrary, we find no basis to recommend granting the relief sought in this application. THE BOARD DETERMINES THAT: The applicant be notified the evidence presented did not demonstrate the existence of an error or an injustice; the application was denied without a personal appearance; and the application will only be reconsidered upon the submission of newly discovered relevant evidence not considered with this application. The following members of the Board considered AFBCMR Docket Number BC-2014-01747 in Executive Session on 16 March 2015, under the provisions of AFI 36-2603: The following documentary evidence was considered: Exhibit A. DD Form 149, dated 23 April 2014, w/atchs. Exhibit B. Letter, SAF/MRBR, dated 30 April 2014. Exhibit C. Affidavit, Applicant, dated 5 May 2014. Exhibit D. Letter, AFPC/DPFFF, dated 18 June 2014. Exhibit E. Letter, SAF/MRBR, dated 4 August 2014.